BigPond MMS

Benefits

BigPond MMS lets you send text, pictures, video and audio to any compatible mobile phone from your computer. It's comfortable, convenient and fast. Simply access BigPond over the internet and compose your message, then attach a media file directly from your computer and send.

It makes sharing all your favourite pics and clips easy - for work or fun.

Pricing

Domestic MMS text, image and audio messages 50c per message, per recipient
Domestic MMS video messages 75c per message, per recipient
MMS messages sent to international mobile phone 75c per message, per recipient

Things You Should Know

1. You can send your MMS messages to any Telstra, Optus, Vodafone or 3 MMS compatible mobile phone
2. You must not use BigPond MMS to send commercial electronic messages as defined in the Spam Act 2003 (Cth) in breach of the Spam Act and must comply with the BigPond Acceptable Use Policy as set out in the BigPond Service Section of Our Customer Terms.

BigPond SMS And MMS Terms & Conditions

The Service allows eligible customers to send SMS and MMS from their computers to compatible mobile phones.

These terms and conditions set out the terms on which we will provide the Service to you.

Please read these terms carefully, and be sure that you understand them.
You should be aware that we can change these terms at any time. However, we will do so in accordance with the terms below. If we change these terms, this online version of these terms http://www.bigpond.com/internet-plans/additional/mms/terms/default.asp and http://www.bigpond.com/internet-plans/additional/sms/terms/default.asp will always be updated to reflect those changes.

Some of the words used in these terms have particular meanings, which are set out in clause 12.

1 Eligibility and obligations

1.1 To be eligible for the Service, you must:

a. be the same person as the customer of the BigPond Internet service to which this Service relates;
b. have a computer compatible with downloading the Service to your computer hardware and/or operating system. See http://www.bigpond.com/internet-plans/additional/mms/terms/default.asp andhttp://www.bigpond.com/internet-plans/additional/sms/terms/default.asp for compatibility information;
c. be both a BigPond and a post paid Telstra GSM or CDMA mobile customer to use the Service; and
d. have an SMS capable mobile handset to receive SMS messages and a MMS capable mobile handset to receive MMS messages.

You acknowledge that we cannot provide the Service to you unless you are eligible.

1.2 You must:

a. comply with any terms set out in the Rate Card;
b. pay all fees and charges associated with your use of the Service in accordance with clause 2;
c. promptly notify us if you believe or suspect that the Service has been compromised or is being used in a manner that breaches this Agreement; and
d. regularly check your default email address allocated by us for messages about your Service (or, if you have arranged for emails sent to your default email address to be forwarded to an alternate email address, you must check that alternate email address).

1.3 You acknowledge that:

a. the Service is only provided to you for so long as you continue to take the BigPond Internet service to which the Service relates and continue to be a post paid Telstra GSM or CDMA mobile customer;
b. due to the nature of the Service, we do not promise that it will be continuous, accessible at all times or fault-free;
c. you are responsible for any use of the Service using your logon name and password;
d. the Service cannot be used to receive SMS or MMS - all replies to messages sent using the Service will be directed to your post paid Telstra mobile service;
e. the Service is limited to sending SMS messages that have 140 characters or less and MMS messages of size 300kb or less; and
f. the Service is not available if you are a Telstra Wholesale Customer or an end user of a Telstra Wholesale Customer.

1.4 You are responsible for the content you send. You must not send content that is indecent, offensive or interferes with any other person's use of SMS or MMS. You are not permitted to use the Service to advertise products or services, to sell SMS or MMS or make any other commercial use of the Service.

1.5 You must comply with all laws when using the Service. For example, codes of conduct or industry codes (eg those relating to gaming, advertising and privacy) and the laws concerning intellectual property (eg copyright, moral rights and trade marks). You must not send content that is owned by another person without their consent.

1.6 You must not use the Service to send commercial electronic messages as defined in the Spam Act 2003 (Cth) in breach of the Spam Act and must comply with the BigPond Acceptable Use Policy.

1.7 SMS and MMS sent are not encrypted so you must take care not to send sensitive information as it is possible a third party could intercept a message during transmission or delivery

1.8 If we provide you with software and terms and condition accompany the software, then we provide that software to you on the terms and conditions that accompany it. In these instances it is very important that you read and understand those additional terms and conditions.

1.9 If we provide you with software and no terms and conditions accompany the software, then:

a. we grant you a non-exclusive, non-transferable licence to use the Software for the sole purpose of using the Service on the terms and conditions of this Agreement;
b. you must not use, or permit any person to use, the Software in any way that is not permitted by this Agreement; and
c. without limiting clause 1.9(b), you must not:

(i) use the Software on behalf of, or for the benefit of, any other person; or
(ii) disassemble, reverse engineer or create more than one copy of the Software (unless you have a statutory right to disassemble, reverse engineer or create more than one copy of the Software, in which case you must only do so to the extent permitted by your statutory right).

1.10 You will receive a message record for each SMS and MMS sent using the Service. With MMS, we will delete a message record if you have not deleted the message record within 90 days of it becoming available to you. We recommend that you delete message records for SMS and MMS on a regular basis. Once deleted, the message record cannot be retrieved.

2 Charges for your Service

2.1 You must pay the charges for the Service as set out in the Rate Card.

2.2 We charge you for each SMS and MMS sent whether the SMS or MMS is received or not.

2.3 You must pay the Charges by the date specified on the invoice.

2.4 If your Service or the BigPond Internet service to which this Service relates is terminated for any reason, we may issue a final invoice immediately upon the termination.

2.5 If any amount is unpaid after the due date for payment specified on any invoice, we may (without affecting any of our other rights under this Agreement), do any or all of the following:

a. if the amount remains outstanding for 30 days after the due date, terminate this Agreement; and
b. if the amount remains outstanding for 60 days and there are reasonable grounds for believing you represent a credit risk, terminate any other Agreements under which we supply you with services, and/or disconnect those services.

2.6 You can send SMS Messages to up to 250 mobile services at a time, each charged as a separate message sent.

2.7 You can only send an MMS to one mobile service at a time.

3 Commencement and termination of this Agreement

3.1 This Agreement commences on the date you accept these terms and conditions and complete the Sign Up Process.

3.2 You may subscribe to additional services or cancel the Service under this Agreement at any time. However, any cancellation will not become effective until the first day of your next monthly billing cycle for the Service. If you have been migrated to BigPond's new environment, termination will take effect immediately after we receive and process your cancellation request.

3.3 We may terminate or suspend your Service under this Agreement:

a. immediately, if we reasonably suspect that you have materially breached this Agreement in a way that cannot be remedied (such as a breach of the Acceptable Use Policy); or
b. if we reasonably suspect that you have materially breached this Agreement in a way that can be remedied, but you do not remedy the breach within 14 days of us telling you to do so; or
c. at any time effective at the end of your monthly billing cycle, by giving you at least 30 days' prior written notice.

3.4 If your BigPond Internet service to which the Service relates is suspended, disconnected or terminated, then the Service may also be suspended, disconnected or terminated.

3.5 If the Service under this Agreement is suspended, disconnected or terminated, the liability of each party (if any) is set out in clause 6.

4 Changing this Agreement

4.1 Except as set out in clause 4.2, we can change this Agreement (including the Rate Card) at any time without notice.

4.2 If we consider that a change would cause you detriment, we will notify you of the change by email, post or facsimile at least 30 days before the change will take effect.

4.3 If you do not notify us that you wish to terminate this Agreement or the Service within 42 days after receiving notice of a change under clause 4.2, then we will take your payment of charges for the Service provided to you after our notice as your agreement to the change.

4.4 For the purposes of notifying you of an intended change under clause 4.2, it is sufficient that we provide you with a summary of the proposed change to the Agreement and that we post on the BigPond website a revised copy of these terms and conditions or the Rate Card showing the proposed change.

5 Delivery and maintenance of the Service

5.1 We will take reasonable steps to deliver the SMS or MMS sent by you. An SMS or MMS may not be delivered to the recipient (eg if their phone is not operating properly, switched off, out of mobile service range, is not capable of receiving SMS or MMS, if the message storage space is full or if the recipient is overseas and the overseas phone company has blocked SMS or MMS from us).

5.2 If you experience a problem with your Service, you should notify our Customer Service Centre on the number set out on the BigPond website.

5.3 We will use all reasonable efforts as soon as possible to rectify any problem notified to us.

6 Limitation of liability

Our liability to you

6.1 This contract is made up of the terms that are expressly set out in this contract and those implied by laws that cannot be excluded by us. No other terms apply.

6.2 We accept our liability to you if we breach this Agreement or act negligently under the principles applied by the courts, except as set out in clauses 6.3 and 6.4.

6.3 As you have taken up the Service predominately for personal, domestic or household use, we do not accept liability for any business related Losses that result from the use of the Service. However, we will accept that liability if it cannot be excluded under any legislation.

6.4 We are not liable for any Loss to the extent that it is caused by you, for example, through your negligence or breach of this Agreement.

Your liability to us

6.5 You are liable to us if you breach this Agreement or act negligently under the principles applied by the courts. However, you are not liable for any Loss we suffer to the extent that it is caused by us, for example, through our negligence or breach of this Agreement.

7 Warranty

7.1 You warrant that:

a. you have the power to enter into and observe your obligations under this Agreement;
b. you will comply with the Acceptable Use Policy;
c. you will keep secure any passwords used with the Service; and
d. you will not negligently or wilfully cause any fault in the Service.

8 Privacy

8.1 Please read Telstra's Privacy Statement titled "Protecting your Privacy" (available at http://www.telstra.com.au/privacy). It summarises how we and our related companies will collect, use and disclose your personal information (including for marketing to you) and your rights to access and correct that information.

8.2 For the purposes of this clause 8, "you" and "your" refers to you and your People (if applicable).

9 Transferring your Service or this Agreement

9.1 You may not transfer your rights and obligations in respect of the Service or under this Agreement without our prior consent (which we will not unreasonably withhold).

9.2 We may transfer all or any of our rights or obligations in respect of the Service or under this Agreement at any time. If we do so, we will try to notify you beforehand (otherwise we notify you within 30 days of the transfer).

10 Taxes

10.1 The charges in the Rate Card may not include all taxes. You must pay us on request any stamp and other duties, fees, taxes (including GST) and charges payable on:

a. this Agreement or the performance of this Agreement; and
b. any payment, receipt or other transaction arising out of this Agreement.

10.2 GST may be imposed on a supply we make to you under this Agreement. Unless the consideration payable for the supply is expressed to include GST, you must pay on our demand an additional amount to cover the GST. We will issue a Tax Invoice to you for any supply on which GST is imposed.

10.3 In this clause 10, "GST" and "Tax Invoice" have the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

11 General terms

11.1 We are not to be taken to waive any of our rights under this Agreement merely because we do not exercise them or delay in exercising them.

11.2 This Agreement is governed by the laws of the State or Territory in Australia in which you reside. Nothing in this Agreement, or any actions we take under it constitute a submission by us to any foreign jurisdiction.

11.3 If we need to notify you of any matters relating to the Agreement, we can use email to your default email address allocated by us, or post or fax.

12. Glossary

Words in this Glossary with initial capital letters (eg, Agreement) have defined meanings, as follows:

Acceptable Use Policy: means our Broadband (Cable and ADSL) policy about the acceptable levels and methods of use of the Service. The current version of the Acceptable Use Policy is located on the BigPond website at http://www.bigpond.com/internet-plans/broadband/cable/acceptableuse
Agreement: means these terms and conditions (including the Rate Card).
Loss: means loss or damage of any kind, however caused, whether in contract, tort (including negligence), under any statute or otherwise arising from or related in any way to this Agreement or its subject matter.
MMS: means Multimedia Messaging Service.
People: means employees, agents, sub-agents and their respective employees.
Rate Card: means the BigPond SMS and MMS rate card setting out the fees and charges applicable to your Service (as amended from time to time). The current Rate Card is located on Telstra's website at https://my.bigpond.com/mybigpond/communications/mms/pricing (MMS Pricing)http://my.bigpond.com/webnotes/public/pricing.do (SMS Pricing)
Service: - means the BigPond SMS and MMS service.
Sign Up Process: means the online sign up process for the Service.
Software: means any software we may supply to you for use in conjunction with the Service, including any upgrades and updates.
SMS: means Short Messaging Service.
Telstra Wholesale Customer: means a customer of Telstra's Wholesale division. We will decide if you are a customer of Telstra's Wholesale division.
You and your: (whether or not with initial capital letters) refer to the person named as the Customer in the Sign Up Process.
We, our, and us: (whether or not with initial capital letters) refers to Telstra Corporation Limited (ABN 33 051 775 556) and where applicable includes our People.



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